CAT comes to rescue of retired employees

In a relief to scores of public servants whose pension and other post-retirement benefits are withheld by their departments in the wake of pending criminal cases, the Central Administrative Tribunal (CAT) on Tuesday ruled that benefits can not be stopped.

The CAT made it clear that post-retirement benefits can be withheld only when the person is convicted.

“It is amply clear that only on the basis of the case pending against the applicant (Primary School Head Master Lakhi Ram), pension cannot be withheld under Central Civil Services (CCS Pension) Rules, 1972,” a two-member bench of CAT headed by Justice Meera Chhibber said. The bench also favoured releasing gratuity during the pendency of criminal case but with an earlier judgement of the CAT ruling against it, the bench referred the issue to a larger bench.

“Gratuity cannot be withheld under rules of CCS Pension Rules. Otherwise also as per the provision (of) Payment of Gratuity Act, 1972, gratuity cannot be withheld,” it said.

The ruling came on a plea filed by Lakhi Ram, a retired headmaster of a corporation school. He was suspended on August 13, 2001 after his arrest in criminal case relating to a property dispute.

Though he was reinstated in May 2005 and retired in 2007, his annual increments were stopped from 2001 and were not restored even after his reinstatement in service.